DHS Revives Proposal to End “Duration of Status” Admissions

DHS Proposal to Replace D/S with Fixed Visa Terms Moves to OMB

The U.S. Department of Homeland Security (DHS) has revived a previously withdrawn proposal to eliminate the “duration of status” (D/S) admission framework for F, J and I nonimmigrant visa holders—namely international students, exchange visitors and foreign media representatives. Under the current D/S system, these individuals may remain in the U.S. as long as they maintain their visa status, without a fixed end date on their I-94 record. The proposed rule, submitted to the Office of Management and Budget (OMB) on June 30, 2025, would replace this model with fixed periods of authorized stay.

2025 DHS Proposal Echoes Withdrawn 2020 Rule on Fixed Visa Stays

The specific content of the 2025 proposal has yet to be confirmed, but it shares the name of a rule that was proposed in 2020, late in the first Trump Administration. That proposed rule was withdrawn by the Biden administration in 2021.

That previously proposed rule would have required affected nonimmigrants to apply for extensions of stay with U.S. Citizenship and Immigration Services (USCIS) if they needed additional time to complete their academic or professional programs. The proposed rule would also alter how unlawful presence is calculated for these visa holders. Currently, F, J and I nonimmigrants only begin accruing unlawful presence after a formal finding of a status violation. Under the framework from the 2020 proposal, unlawful presence would begin immediately after the expiration of the fixed stay period, aligning these categories with most other nonimmigrant visa classifications.

Next Steps

The rule is currently under OMB review and, if cleared, will be published in the Federal Register for public comment, typically over a period of 30 to 60 days following publication on the register. The finalization process could take several months, and stakeholders—including universities and program sponsors—are advised to closely monitor the advancement of the proposal and potentially prepare for potential operational impacts.

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